You might want to leave New Jersey and live in a different state for several reasons. Maybe you found a new job, want to study at a specific university or are looking for a different environment. Whatever the case, you might not be able to easily move to another state if you just came out of a divorce and want to take your children with you.
What can hold you back?
A divorce usually has two outcomes in terms of custody. The first is when the court awards joint custody to both parents so that you and your ex share equal responsibilities over your children. Alternatively, the court might award sole custody to one parent, called the custodial parent. The other parent, called the noncustodial parent, often has visitation rights.
In both outcomes, the court’s goal is likely to ensure that parents can maintain a relationship with their children after the divorce. Unfortunately, this might become difficult to accomplish if one parent relocates with the children.
What can you do?
Moving to a different state generally requires permission from the other parent. As the relocation will likely affect your parenting plan, you might have to negotiate a new arrangement with your ex and present this to the court.
Relocating parents are also often required to inform the court of the move and why it is necessary. In determining whether to permit relocation, the court will likely consider whether moving away serves the children’s best interests.
Family law is complex, and it is easy to make mistakes that might affect your child and your ability to relocate. A family law attorney can help you build your case and protect your own and your children’s rights every step of the way.